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Ury Estate Rpt.Pdf Item: 3 Page: 4 Infrastructure Services REPORT TO THE INFRASTRUCTURE SERVICES COMMITTEE – 21 MARCH 2019 Reference No: APP/2018/2227 Full Planning Permission for Erection of 13 Dwellinghouses and 34 Flats and Associated Infrastructure at Phase 01-A, Mackie Village, Ury Estates, Ury, Stonehaven And Reference No: APP/2018/2228 Full Planning Permission for Erection of 20 Dwellinghouses and 24 Flats and Associated Infrastructure at Phase 01-B, Mackie Village, Ury Estate, Ury, Stonehaven Applicant: Kirkwood Homes Ltd, Kirkwood Business Park, Sauchen, Inverurie, AB51 7LE Agent: Yeoman McAllister Architects, Waterside Studios, 64 Coltbridge Avenue, Edinburgh, EH12 6AH Grid Ref: E:386150 N:787184 Ward No. and Name: Stonehaven And Lower Deeside Application Type: Full Planning Permission Representations 0 Consultations 15 Relevant Proposals Aberdeenshire Local Development Plan Map Designations: Aberdeen Housing Market Area Complies with No Development Plans: Main Recommendation Delegated Grant Item: 3 Page: 5 1. Reason for Report 1.1 The Committee is able to consider and take a decision on this item in terms of Section F.4.1 of Part 2A List of Committee Powers and Section C.3.1d of Part 2C Planning Delegations of the Scheme of Governance, as the applications constitute local development, where, in the professional opinion of the Head of Planning and Building Standards, approval would be a significant departure from the Development Plan and the Area Committee has decided to approve the application. 1.2 The Committee previously considered this item at its meeting on 24 January, 2019, and agreed to delegate the grant of planning permission to the Head of Planning and Building Standards, subject to completion of the Section 75 Agreement, Developer Obligations, resolution of issues relating to contamination and the conditions set out in the report. A further material consideration has since arisen in relation to both applications. It is the view of the Monitoring Officer that the decision of 24 January, 2019, cannot be implemented as the Committee requires to take into account this new material consideration prior to making a final determination of the application. Accordingly, in terms of Section 7.2 of the Council’s Standing Orders, the Committee can revisit its decision of 24 January, 2019, and consider this item. 1.3 The Head of Finance and Monitoring Officer within Business Services have been consulted in the preparation of this report, their comments are incorporated within the report and are satisfied that the report complies with the Scheme of Governance and relevant legislation. 2. Principal Planning Issues (Summary) 2.1 This report relates to two planning applications, identified above. Both proposals were previously supported by the Kincardine and Mearns Area Committee (11 December, 2018) and the Infrastructure Services Committee (24 January, 2019), as outlined in the appended reports at Appendix 1. Following the delegated grant given by the Infrastructure Services Committee (ISC), in order to address an issue arising relating to the provision of public transport to serve the developments, the Planning Service has liaised with the Council’s Infrastructure Services (Transportation). The response has raised the requirement to provide an additional condition, relating to the provision and implementation of a Public Transport Strategy. This raises a material consideration that requires the further consideration and agreement of the Infrastructure Services Committee. 2.2 Following discussion relating to wider public transport provision for other developments within Ury Estate, particularly the adjacent retail proposal, there is now a need to secure a Public Transport Strategy for these affordable housing proposals. This is in terms of consistency across all the consented developments within Ury Estate, and to secure a viable strategic solution to Item: 3 Page: 6 providing public transport to all parts of the wider developments across the Estate. It is worth noting that a Public Transport Strategy for the entire Ury Estate has been prepared and submitted for the adjacent retail unit. This has now been submitted for these affordable housing proposals, which identifies options for short and long term public transport provision, covering other triggers within the Estate such as the timing of the delivery of the link road across the Estate between the A957 and the B979. 2.3 All matters relating to the proposals remain as previously reported and accepted by the Infrastructure Services Committee in January. The only change is the Planning Service, as required by Infrastructure Services (Transportation), wish to add a condition to each consent to ensure that the submitted and accepted Public Transport Strategy is in place and adhered to for the delivery of the proposed affordable housing. The condition would ensure the suitable public transport provision is made to serve the development, prior to the occupancy of the first dwelling. This condition is now included in both applications as Condition no. 12. 2.4 For completeness and to update members, the delegated matters from the January Infrastructure Services Committee have been largely addressed, with only the S75 Legal Agreement requiring to be finalised. The Council’s Infrastructure Services (Contaminated Land) has completed its review of the Site Investigation Report, and subsequent mitigation measures, and has proposed a condition to ensure that the mitigation takes place (included now as Condition no.10 in both applications. This was agreed as a delegated matter previously. Finally, a condition (No. 11) relating to enhanced landscaping alongside the acoustic fence and bund, as agreed by ISC in January, has also been added to both applications. 3. Representations (Summary) 3.1 No representations have been received. 4. Appendices 4.1 The following documents are attached as Appendices to this Report: • Appendix 1: Infrastructure Services Committee report dated 24 January, 2019 (with attached Kincardine and Mearns Area Committee report dated 11 December, 2018, extract of its minute, and location and site plans) • Appendix 2: Extract of Minute of Meeting of the Infrastructure Services Committee of 24 January, 2019 Item: 3 Page: 7 5. Implications and Risk 5.1 An Equality Impact Assessment is not required because the proposals do not have a differential impact on any of the protected characteristics. 5.2 There are no staffing and financial implications. 5.3 There are no risks identified in respect of this matter in terms of the Corporate and Directorate Risk Registers, as the Committee is considering the application as the planning authority in a quasi-judicial role and must determine the application on its own merits in accordance with the Development Plan unless material considerations justify a departure. 6. Officer Recommendation 6.1 That authority to GRANT APP/2018/2227 be delegated to the Head of Planning and Building Standards subject to: i) The incorporation of this application into existing S75 agreements; ii) Securing the required Developer Obligations; iii) The following conditions; 01. No works in connection with the development hereby approved shall commence unless an archaeological Written Scheme of Investigation (WSI) has been submitted to, and approved in writing by, the Planning Authority and a programme of archaeological works has been carried out in accordance with the approved WSI. The WSI shall include details of how the recording and recovery of archaeological resources found within the application site shall be undertaken, and how any updates, if required, to the Written Scheme of Investigation will be provided throughout the implementation of the programme of archaeological works. Should the archaeological works reveal the need for post excavation analysis, the development hereby approved shall not be brought into use unless a Post-Excavation Research Design (PERD) for the analysis, publication and dissemination of results and archive deposition has been submitted to, and approved in writing by, the Planning Authority. The PERD shall be carried out in complete accordance with the approved details. Reason: To safeguard and record the archaeological potential of the area. 02. No individual dwellinghouse hereby approved shall be erected unless an Energy Statement applicable to that dwellinghouse has been submitted to, and approved in writing by, the Planning Authority. The Energy Statement shall include the following items: a) Full details of the proposed energy efficiency measures and/or renewable technologies to be incorporated into the development; Item: 3 Page: 8 b) Calculations using the SAP or SBEM methods, which demonstrate that the reduction in carbon dioxide emissions rates for the development, arising from the measures proposed, will enable the development to comply with Policy C1 of the Aberdeenshire Local Development Plan 2017. The development shall not be occupied unless it has been constructed in full accordance with the approved details in the Energy Statement. The carbon reduction measures shall be retained in place and fully operational thereafter. Reason: To ensure this development complies with the on-site carbon reductions required in Scottish Planning Policy and Policy C1 of the Aberdeenshire Local Development Plan 2017. 03. No dwellinghouse or flat hereby approved shall be occupied unless its driveway, turning and parking area has been provided and surfaced in accordance with the details shown on the approved plans. Once provided, all parking
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